TL;DR
- Evidence an investigator gathers is only as useful as the law it was gathered under. In Florida that law is mostly Chapter 493 (licensing), Chapter 934 (recording, interception and tracking) and the Rules Regulating The Florida Bar.
- This series explains each rule in plain terms and focuses on one question: what it means for your case.
- Three guides are available now. Five more are in preparation and are marked “coming soon.”
Why this series exists
Florida attorneys hire private investigators to locate witnesses and assets, document conduct, test a party’s story and build the factual record a case needs. The investigator’s methods then become part of your case. A recording made without the required consent can be excluded and can expose the person who made it to criminal and civil liability. A GPS tracker placed without consent can be a felony. An investigator who works without the license Chapter 493 requires can give opposing counsel an easy line of cross-examination. A pretext call your investigator makes can raise questions under the Bar rules that apply to you.
Most of these problems can be avoided if the attorney and the investigator agree on the legal limits before fieldwork starts. This series is written for Florida attorneys and paralegals in business litigation, compliance and audit work, intellectual property and trade secret matters, and family law. Each guide cites the statute or rule it discusses and links to the primary source on the Florida Senate, Florida Bar or FDACS websites, so you can read the text yourself.
How each guide is organized
- TL;DR: the short answer, at the top.
- The rule: what the statute or Bar rule says, with citations to the current text.
- What this means for your case: how the rule affects admissibility, exposure, discovery and strategy.
- Attorney checklist: practical steps to take before and during an engagement.
- FAQ: the questions attorneys ask us most often.
Available now
Hiring a Licensed Florida Private Investigator: What Chapter 493 Requires
Explains the Class “A” agency, Class “C” investigator and Class “CC” intern licenses, how to verify a license with the FDACS Division of Licensing, what is at stake when unlicensed people do investigative work on your matter, and a checklist for engaging an agency. Primary source: Chapter 493, Florida Statutes.
Florida’s All-Party Consent Recording Law (§934.03) and Evidence Gathering
Covers the all-party consent rule, the “reasonable expectation of privacy” element in the definition of an oral communication, the statutory exclusionary rule in §934.06, criminal and civil exposure, and what an investigator can and cannot record during surveillance and interviews. Primary source: Chapter 934, Florida Statutes.
Working With Investigators Under Florida Bar Rule 4-5.3
Explains an attorney’s responsibility for nonlawyer assistants, including outside investigators, the pretexting problem under Rules 4-4.1 and 4-8.4, and the limits Rule 4-4.2 places on contact with represented parties through an investigator. Primary source: Rules Regulating The Florida Bar, Chapter 4.
Coming soon
| Guide | Primary law | Status |
|---|---|---|
| GPS Tracking in Florida: What §934.425 Allows and Prohibits | §934.425, Fla. Stat. | Coming soon |
| Diligent Search and Service by Publication Under §49.041 | §49.041, Fla. Stat. | Coming soon |
| Florida Public Records for Litigation | Chapter 119, Fla. Stat. | Coming soon |
| Surveillance Evidence in Florida Family Law and Alimony Matters | Florida family law statutes and Chapter 934 limits | Coming soon |
| Trade Secret and Non-Compete Investigations in Florida | Chapter 688 and §542.335, Fla. Stat. | Coming soon |
What this means for your case
Treat investigative method as part of your litigation strategy. Before you authorize surveillance, recordings, database research or interviews, ask three questions:
- Is the person doing the work properly licensed? (Chapter 493)
- Is the method lawful, and will its output be admissible? (Chapter 934 and related statutes)
- Could this conduct be attributed to me under the Bar rules? (Rules 4-5.3, 4-4.1, 4-4.2 and 4-8.4)
If any answer is unclear, settle it before fieldwork starts.
Related services
For an overview of how we support counsel, see Attorney Investigative Services, Litigation Support, Business Litigation Investigations, Surveillance Investigations and Family Law Investigations.
This guide is general information, not legal advice. The statutes and rules discussed here change, so confirm the current text of any provision before you rely on it.
Prepared by the MAYN Investigations Team — Florida Licensed Agency A3400126, insured, with investigators drawn from law-enforcement and military backgrounds.
If you are scoping an investigation and want to talk through method and admissibility before fieldwork, see our attorney investigative services or contact our Orlando office.